The rise of an anti-global doctrine and strikes in public services 1

Litor, Lilach

doi:10.4324/9780429344657-2

Cited by 2 publications

(2 citation statements)

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“…As we mentioned, British courts operate in a context that has traditionally represented a liberal social policy regime, with a minimal welfare state regime that moved toward the neoliberal pole in the Thatcher era. Israel, however, was considered a social democratic state up to the 1980s (Doron 1985; Litor 2019b), until a deep and far-reaching process of liberalization emerged in the mid-1980s, led by the executive branch (Maman and Rozenhek 2012; Litor 2019a). Israeli courts have thus operated in a context marked by a government-led retreat of the welfare state.…”

Section: Discussionmentioning

confidence: 99%

The Rise of the Regulatory Constitutional Welfare State, Publicization, and Constitutional Social Rights: The Case of Israel and Britain

Litor¹,

Menahem²,

Bar-Mor³

2020

The ANNALS of the American Academy of Political and Social Scie

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This study investigates the mechanisms that courts apply to expose private social service suppliers to constitutional duties. In doing so, we suggest two variants of welfare regimes: the regulatory constitutional welfare state and the regulatory constitutional neoliberal welfare state. We outline how constitutional rights, including social rights, are applied to private entities, and the tests that courts use in doing so. We then analyze the transformation of traditional jurisprudence in Israel since the 1990s, and we discuss developments in British jurisprudence, which embraces a neoliberal approach. We end with an analysis of the differences between British and Israeli jurisprudence to highlight our theoretical framework’s contribution to comparative research.

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Section: Discussionmentioning

confidence: 99%

The Rise of the Regulatory Constitutional Welfare State, Publicization, and Constitutional Social Rights: The Case of Israel and Britain

Litor¹,

Menahem²,

Bar-Mor³

2020

The ANNALS of the American Academy of Political and Social Scie

Self Cite

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“…As professional bodies detached from political agendas and pressures, the courts are advantageous in dealing with ethical issues, unlike elite groups and corporations, which often have close connections to the political arena (Litor, 2019a; Litor, 2019b; Litor et al , 2020).…”

Section: Regulating Csr: Which Approach Should Be Applied?mentioning

confidence: 99%

Regulating corporate social responsibility practices of adopting codes of conduct through criminal law

Litor

2021

PAP

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PurposeThis paper explores different approaches to regulating corporate social responsibility (CSR) patterns of adopting codes of conduct, and discusses the approach that courts should embrace.Design/methodology/approachCase studies from various legal systems will be examined. The paper presents new typology relating to different patterns of the Corporate Social Performance (CSP) model, based on aspects of the CSR pyramid, namely, legislative CSR and ethical CSR. Legislative CSR includes adoption of thin codes which reflect compliance within current legal standards of the criminal code, while ethical CSR includes codes reflecting ethical norms and corporate social citizenship beyond mere compliance. The paper also includes the interplay of different patterns of CSR and three approaches to regulation regarding these patterns.FindingsBoth the Israeli negative CSR regulatory approach and the American legislative CSR regulatory approach present difficulties.Originality/valueThe paper introduces a theory for regulating CSR within criminal law, drawing on the pyramid of CSR. It presents an original discussion of distinct approaches to regulation of corporate liability, while further developing the institutional theory of CSR and the interplay of regulation and CSR. The paper suggests a novel solution regarding the regulation and acceptance of CSR: the granting of protection from criminal liability to corporations who adopt CSR.

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The rise of an anti-global doctrine and strikes in public services 1

Cited by 2 publications

References 1 publication

The Rise of the Regulatory Constitutional Welfare State, Publicization, and Constitutional Social Rights: The Case of Israel and Britain

The Rise of the Regulatory Constitutional Welfare State, Publicization, and Constitutional Social Rights: The Case of Israel and Britain

Regulating corporate social responsibility practices of adopting codes of conduct through criminal law

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